The impact of no-fault divorce in England: three years on

In April 2022, England and Wales underwent a fundamental shift in family law with the introduction of no-fault divorce under the Divorce, Dissolution and Separation Act 2020. This long-awaited reform removed the requirement for separating couples to assign blame, allowing them to divorce on the ground that their marriage had irretrievably broken down.  

The key aims of the reform were to reduce conflict, streamline the process, and increase accessibility. Now, three years on, it is important to assess whether these objectives have been met and to explore any unintended consequences, particularly in relation to court delays and financial settlements.

Reduction in conflict

Prior to the no-fault reform, divorcing couples had to provide evidence of either:

• adultery,
• unreasonable behaviour,
• desertion,
• two years’ separation (with consent), or
• five years’ separation (without consent).

This requirement often exacerbated hostility, particularly in cases where one party was forced to cite allegations of behaviour against the other. In 2020, 49% of divorce petitions relied on allegations of either adultery or unreasonable behaviour—both of which fuelled animosity and made co-parenting challenging.

Since the introduction of no-fault divorce, the requirement for blame has been eliminated, allowing couples to separate without playing the “blame game”. Legal experts have observed that this change has lessened the confrontational nature of divorce proceedings. Couples can now acknowledge the irretrievable breakdown of their marriage without delving into personal issues, which has been particularly beneficial in cases involving children, as it promotes cooperative co-parenting arrangements. The new reform also allows couples to apply for a divorce on a sole or joint basis.

Expedited proceedings: a mixed picture

One of the key aims of the no-fault divorce was to speed up proceedings. However, while individual cases may now progress with fewer obstacles, the overall time to complete a divorce has increased, due to both procedural changes and the sheer volume of applications.

Comparing pre and post-reform timelines

Pre-April 2022 divorce timelines

In October to December 2021, the average time from application to decree nisi (now the conditional order) was 25 weeks.

The average time from application to decree absolute (now the final order) was 53 weeks.

Post-reform divorce timelines

Between October and December 2024, the average time from application to conditional order was 45 weeks—20 weeks longer than before the reform.

The average time from application to final order was 70 weeks, a 17-week increase compared to pre-reform figures.

While this may seem counterintuitive, there are two main reasons for the increase:

1. The mandatory 20-week reflection period: The reform introduced a 20-week waiting period between the divorce application being issued and the conditional order. The intention behind this was to allow couples a reflection period. This did not exist in the pre-reform process, where a decree nisi could be granted much sooner once the divorce application was issued.
2. Higher volume of applications: In the first year following the reform, divorce applications surged by 20% compared to 2021, as many couples had postponed applying for divorce until the no-fault system came into effect. This increase placed additional strain on the court system, leading to longer overall timelines.

The impact of digitalisation

The shift to online applications has helped mitigate some of the delays. In 2021, only 40% of divorces were processed digitally. Today, 97% of applications are handled online, leading to faster processing times for uncontested cases.

Unintended consequences

1. Increased strain on court resources

While no-fault divorce has reduced the number of contested cases, the rise in overall divorce applications has placed greater pressure on the courts.

In the period of October to December 2024, 24,171 divorce applications were filed, representing a 2% decrease from October to December 2023 but still significantly higher than the same period in 2021, pre-no fault divorce.

Statistical Overview: October to December 2024

• Total divorce applications: 24,171
• Sole applications: 74%
• Joint applications: 26%

​​​​Although number of applications is now stabilising, the court system remains stretched, particularly in relation to financial settlements, which must still be resolved separately.

2. The risk of overlooking financial settlements

One significant unintended consequence of the simplified divorce process is that many couples fail to realise they must also finalise financial agreements.

Before the reform, individuals were more likely to seek legal advice due to having to provide a legal basis for their divorce. Now, the ease of applying online and the removal of a fault-based system, means some individuals complete their divorce application without consulting a solicitor, unaware that financial claims remain open unless formally dismissed by death, remarriage or a separate court order addressing the finances.

Without a financial order in place, there is the potential that an ex-spouse could make a financial claim against you, even years after your divorce or even if both parties had initially agreed to separate without making a financial claim against the other. This lack of awareness and understanding is likely to lead to unexpected legal disputes in the future.

3. The outdated financial remedy system

Financial settlements continue to be governed by laws dating back to 1973, which critics argue are unclear and inconsistent. The Law Commission has called for reform, but changes are unlikely to be considered before 2026. Until reform, cases will continue to be decided on a case-by-case basis under the current law, which can result in lengthy contentious disputes.

Positive impacts of no-fault divorce

1. Emotional well-being: By removing the need to attribute blame, individuals experience less emotional distress, allowing them to move on with their lives in a more constructive manner.
2. Improved co-parenting dynamics: A less adversarial process fosters better communication between ex-partners, which is crucial for the well-being of any children involved. Research indicates the positive impact for children where their parents maintain a positive cooperative relationship post-divorce.
3. Increased accessibility (but with risks): The proportion of parties with legal representation in private family law cases has declined from 59% in 2012 to 30% in 2024. While this suggests that individuals find the new system easier to navigate without legal assistance, it also raises concerns. Without legal advice, some divorcing couples may fail to address financial settlements properly, potentially exposing themselves to future claims. Seeking legal advice early on remains essential.
4. A built-in reflection period: the mandatory 20-week waiting period between the issued application and conditional order provides couples with an opportunity to reflect on matters. This feature serves as a safeguard against overly hasty divorces and can allow time for reconciliation in some cases where appropriate.

Conclusion

Three years after the introduction of no-fault divorce in England and Wales, the reform has largely achieved its intended aims of reducing conflict and simplifying the legal process. However, challenges remain, particularly regarding court backlogs and resolving financial settlements. While the increased efficiency of digital applications has been a success, the rise in self-represented individuals highlights the need for better public awareness as to the financial implications of divorce.

As the legal system continues to evolve, further refinements such as financial remedy reforms will be crucial to ensuring that the benefits of no-fault divorce are fully realised while mitigating its unintended consequences.